Terms of Service
The terms,and what they mean
Version 1 · Draft, not yet in force · [EFFECTIVE DATE]Plain-English summary first. The full text follows and is what applies. Sections 4, 5, 10, 11 and 13 affect your legal rights, so please read them.
- Not medical. A training tool, not a doctor and not a medical device. It cannot diagnose anything.
- Lifting carries real risk. Injury, and rarely worse. By using the app you accept that risk.
- Your provider outranks the app. If they say something different, follow them. Never delay care because of the app.
- Provided as is. Recommendations are estimates from your own history.
- Liability is limited to the greater of $100 or what you paid in the last 12 months, where the law allows.
- Disputes go to individual arbitration unless you opt out within 30 days of accepting.
- 18 or older.
1. Agreement and eligibility
1.1 These Terms are a binding agreement between you and us. They govern your use of the Lift My Best Life app, website and related services (the "Service"). By creating an account, ticking the box at signup, or using the Service, you agree to these Terms and to our Privacy Policy at https://liftmybestlife.com/privacy.
1.2 You must be at least 18 years old. The Service is not directed at minors. If we learn a user is under 18, we will close the account and delete its data.
1.3 The Service is offered for use in the United States. If you use it elsewhere, you do so on your own initiative and are responsible for local laws.
2. What the Service is, and is not
2.1 The Service provides general strength-training, conditioning and mobility guidance based on the information you log: suggested weights and repetitions, workout structure, rest timing, recovery estimates, stretching, and progress tracking. It is for general fitness and educational purposes only.
2.2 The Service is not medical advice, diagnosis or treatment, and it is not a medical device. It does not diagnose, treat, cure, prevent or manage any disease or condition. Nothing in the Service creates a provider-patient relationship between you and us or anyone who works with us.
2.3 Features that adapt training for pregnancy, for lower-intensity effort, or around an area you have chosen to restrict are general activity guidance for people whose healthcare provider has already cleared them for strength training. They are not clinical programs and do not replace the advice of your provider.
2.4 Consult a physician or other qualified provider before starting this or any exercise program, especially if you have or suspect a heart condition, high blood pressure, a bone, joint or soft-tissue problem, are pregnant or recently gave birth, take medication that affects exercise, or have any other condition that exercise could affect.
2.5 Your provider's advice overrides the Service. If anything in the Service conflicts with advice from your provider, follow your provider. Never disregard or delay seeking medical advice because of something in the Service. If you think you are having a medical emergency, call 911.
3. Your health check and your responsibilities
3.1 Before first use you complete a health-readiness check and, for some features, a confirmation that a provider has cleared you. You confirm those answers are true and complete, and you understand we rely on them. If your health changes, you agree to update your answers and, where relevant, to stop using the affected features until cleared.
3.2 You agree to: use weights and equipment you can control; use safety catches, a rack, or a spotter where a lift calls for one; follow the instructions of your gym and of equipment manufacturers; and stop exercising and seek care if you experience chest pain or pressure, fainting or severe dizziness, unusual shortness of breath, a racing or irregular heartbeat, sharp or worsening pain, or any other symptom that concerns you.
3.3 You are solely responsible for deciding whether any exercise, weight, pace or session is appropriate for you on a given day.
4. Assumption of risk
4.1 Strength training and physical exercise carry inherent risks, including but not limited to muscle, tendon, ligament and joint injury, fractures, falls, equipment-related injury, aggravation of existing conditions, cardiac events, and, in rare cases, death. These risks exist even when the Service works as intended and even when guidance is followed.
4.2 You voluntarily choose to participate, and you knowingly assume all such risks, known and unknown, to the fullest extent permitted by the law of your state.
5. Release
5.1 To the fullest extent permitted by law, you release and agree not to sue Lift My Best Life, [LEGAL ENTITY NAME], and its owners, officers, employees, contractors and agents (the "Released Parties") from any claim, demand or damages arising from personal injury, illness, death or property damage connected with your use of the Service or participation in exercise it describes, including claims based on the ordinary negligence of a Released Party.
5.2 This release does not extend to gross negligence, willful misconduct, or any liability that cannot be released under applicable law.
5.3 Some states, including Louisiana, Montana and Virginia, do not permit advance releases of personal-injury claims, and some states limit them. In those states this section applies only to the extent the law allows, and the rest of these Terms still apply.
5.4 [California residents: Civil Code section 1542 waiver — ATTORNEY TO ADVISE whether to include.]
6. Accuracy of recommendations and estimates
6.1 Recommendations are computed from your own logged history and from general training principles. They are estimates. Estimates of body fat, energy expenditure, recovery and "readiness" are modeled, not measured, and can be materially wrong.
6.2 Progress tracking, safety notes and the health-readiness check are aids, not guarantees. They can miss something, and they can be wrong in either direction.
7. Health data and privacy
7.1 Weight, measurements, pain ratings, pregnancy status and any training limits you ask for are health data. We ask for separate, explicit consent before storing them, and you can withdraw that consent and delete that data from Settings at any time. Details are in the Privacy Policy.
7.2 We do not sell your data and we do not use it for advertising.
8. Accounts, acceptable use and content
8.1 You are responsible for your account and for keeping your password secure.
8.2 You agree not to: use the Service for anyone other than yourself; reverse-engineer, scrape or interfere with it; upload malicious code; or use it in violation of any law.
8.3 The Service, its content, recommendations, design and code are owned by us or our licensors and protected by intellectual-property law. You get a personal, non-transferable, revocable license to use it under these Terms. You keep ownership of the workout data you log.
9. Subscriptions and payment
[If the app is free at launch: "The Service is currently free. If we introduce paid features, their terms will be shown before you buy and will form part of these Terms." Otherwise: attorney to insert app-store billing, renewal and refund terms consistent with Apple and Google rules.]
10. Disclaimer of warranties
10.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free or secure, that recommendations will be accurate or suitable for you, or that any result will be achieved.
10.2 Some states do not allow the exclusion of implied warranties, so some of the above may not apply to you.
11. Limitation of liability
11.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS OR GOODWILL, ARISING FROM OR RELATING TO THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY.
11.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES' TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) ONE HUNDRED US DOLLARS ($100) OR (B) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
11.3 These limits do not apply to liability that cannot be limited by law, [ATTORNEY TO ADVISE: including liability for personal injury caused by our gross negligence].
11.4 You agree that the disclaimers in section 10 and the limits in this section are an essential basis of the bargain between you and us, that we would not offer the Service without them, and that they apply even if a remedy fails of its essential purpose.
12. Indemnification
You agree to defend, indemnify and hold the Released Parties harmless from claims, losses and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your misuse of the Service, your violation of any law or of another person's rights, or false information you provide in the health check or any clearance confirmation.
13. Dispute resolution, arbitration and class-action waiver
Please read this section carefully. It affects your legal rights.
13.1 Informal resolution first. Before filing a claim, you agree to email us at [EMAIL] with a description of the dispute and to try in good faith to resolve it for at least 60 days.
13.2 Binding individual arbitration. Except for the exceptions in 13.3, any dispute between you and us arising from or relating to these Terms or the Service will be resolved by binding arbitration administered by [ARBITRATION PROVIDER: AAA / JAMS / NAM] under its consumer rules then in effect, before a single arbitrator. The Federal Arbitration Act governs this section. Arbitration will take place in the county where you live or by video, at your choice. We will pay arbitration filing and arbitrator fees to the extent the provider's consumer rules require, and we will not seek attorneys' fees from you unless the arbitrator finds your claim frivolous.
13.3 Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek an injunction in court to protect intellectual property.
13.4 Class-action waiver. YOU AND WE AGREE THAT CLAIMS WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court, not arbitration, and the rest of this section still applies to other claims.
13.5 30-day opt-out. You may opt out of this arbitration agreement by emailing [EMAIL] within 30 days of first accepting these Terms, with your account email and a clear statement that you opt out. Opting out does not affect any other part of these Terms.
13.6 Mass filings. If 25 or more similar claims are filed against us by the same or coordinated counsel, the parties agree the claims will be batched and resolved in stages under the provider's mass-arbitration procedures, [ATTORNEY TO REFINE].
13.7 Changes to this section. If we change this section, we will notify you and you may reject the change by emailing us within 30 days; rejecting it means the prior version continues to apply to you.
14. Governing law and venue
These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-law rules. Subject to section 13, any court proceeding will be brought exclusively in the state or federal courts located in [COUNTY, STATE], and you consent to their jurisdiction.
15. Changes to the Terms
We may update these Terms. For material changes we will give at least 30 days' notice in the app or by email, and we will ask you to accept the new version in the app before you continue to use it. Continued use alone does not accept a material change. The version and date at the top tell you which Terms apply.
16. Termination
You can delete your account at any time from Settings; that deletes your data as described in the Privacy Policy. We may suspend or close accounts that violate these Terms. Sections 4, 5, 10, 11, 12, 13 and 14 survive termination.
17. App stores
Apple Inc. and Google LLC are not parties to these Terms and are not responsible for the Service or for any claim relating to it, but they are third-party beneficiaries of these Terms and may enforce them against you. Your use of the app must also comply with the applicable app-store terms.
18. General
If any part of these Terms is found unenforceable, the rest remains in effect and the unenforceable part will be enforced to the maximum extent allowed. These Terms, with the Privacy Policy, are the entire agreement between you and us about the Service. We may assign these Terms in connection with a merger or sale of the business; you may not assign them. Our failure to enforce a provision is not a waiver of it. Notices to you may be sent to your account email.